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michael.belmont

MD, New York City based Lupus Specialist

3.8 (on 109 ratings)

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Location USA

Profile Know It All

Website/Blog

KnowBrainers Blog KIA's KnowBrainers Blog

Questions Asked 1

Questions Answered 68

Rating 1.7 (on 115 ratings)

Registered on Thu, 27 Oct 2005

Last Visited Tue, 22 Jan 2008
Who Answered Anonymous (1)
Who Has Been Helped Anonymous (37) , pbrettle (3) , rella1334 (2) , USLaw (2) , khanakkha (1) , combsfamily (1) , daniel_torres_07 (1) , kaxkax8 (1) , simonyoung (1) , k (1) , holland601 (1) , idaliasoy (1) , jimthomp (1) , tat2frk4 (1) , jimarsul (1) , Dan (1) , shebac4 (1) , kicked around (1) , maryjohnson (1) , remote-viewer (1) , WonderingInFlorida (1) , Judy98611 (1) , olympia (1) , larsatty1 (1) , mdent (1) , fordtrucklover2001 (1) , boeinguy (1) , Peaches0406 (1) , brittany1988 (1) , treeguy (1)

RSS Feeds

Questions Asked

BIZIs an email from an attorney admissable evidence in court (NY)?: A group of us have requested real estate/coop rules guidan... (1 Answers)

1 Questions Asked

Answers Provided

If the will is being filed with your local surrogate's court you will likely be a "necessary" party and would have to receive "notice" of the pro... (Not Rated)

There seems to be confusion about what the parking rules are and what the consequences are if the rules are violated. Was there a sign that advisd you that your car might... (Not Rated)

Yes. What would your defense be to having willingly destroyed the propery of another? The circumstances surrounding your access to this property would not provide you a d... (Not Rated)

This is not an unusual situation. Many of these types of "warranty" products are not worthwhile. They are written in such a way as to not cover many items. You were not f... (Not Rated)

No matter how this issue would play out legally, the fact is that the landlord has taken the apartment off the market, entered into negotiations with you, had a lease doc... (Not Rated)

Debt collection is governed by the Fair Debt Collection Practices Act ("Act"). You can research more information regarding the act by going to www.ftc.gov/bcp/conline/pub... (Not Rated)

First, make sure your mother's intention to "disinherit" you sister has been accomplished in a way that will isolate the will from a contest once it is filed for probate.... (Not Rated)

Each jurisdiction will have its own rules relating to refunds and exchanges. You should be able to find yours by researching your local Department of Consumer Affairs. Fo... (Not Rated)

If you have a written agreement with a specified term you cannot terminate the lease just because they asked you to apply their security deposit to a month's rent. If the... (Not Rated)

When you "bought" this house did you receive a "deed" transferring the property into your name? The nature of this transaction is governed by the &quo... (Not Rated)

There are a number of issues at play here. The right to occupy a property can be separate from an ownership right. It sounds like in this case you father has been occupyi... (Not Rated)

From the name of the business you can determine if its a sole proprietorship, corporation, partnership, etc... If its status is easily identifiable, i.e. you can determin... (Not Rated)

First, what provisions were made regarding the condo in your divorce decree? If the decree is silent as to the disposition of this asset your ex-wife might have a valid c... (3 Rating)

Everyone named on the deed must be a signatory to any transfer. If one party wants to sell the property and cannot get the consent of the other parties to the deed an act... (Not Rated)

When one passes away without a will they die "intestate" and relavant state statues will control the distribution of assets that have not previously had a benef... (Not Rated)

Most leases contain a provision providing for a "warranty of habitablity". Any condition that violates this warranty puts the landlord in default of its obligat... (Not Rated)

In most cases, the aswer to your question would probably be no. The lease itself probably contains a clause that the apartment is being rented "as is." However,... (Not Rated)

If she dies without a will here estate will be governed by your jursidictions "intestate" laws. Usually these laws provide for the property of a decedant to pas... (Not Rated)

You should contact a lawyer in your area who practices landlord tenant law. Usually the first notice that would be sent to this "tenant" would be a notice terminating his... (Not Rated)

Your lease will contain a clause that it is "binding on all successors and assigns"...this means whomever purchses the property will be bound by the terms of yo... (Not Rated)

Alot depends on your status as a renter...whether you are "rent stablized" or considered a "free market tenant". If you are "rent stablized"... (Not Rated)

Every lease contains a "warranty of habitablity" clause which requires the Landlord to maintain the premises in a safe condition and to maintain the services pr... (5 Rating)

No one is likely to take title to property with any type of lien on it, much less outstanding financing. Not to mention, this would be a violation of the terms of the out... (Not Rated)

Generally, estate planning documents will include a Last Will and Testament, a Health Care Proxy and a Durable Power of Attorney. One can generally "gift" free ... (Not Rated)

You and your bother will split your mother's half (50%) interest in the home...resulting in you having a 25% interest in the home and your brother having a 75% inter... (Not Rated)

If you were left a half interest in the real property, you should see that a new deed is recorded indicating your half interest. This will not necessarily solve your &quo... (Not Rated)

Most jurisdictions will have a proceeding called "partition". In a partition action the owner or claimant of real property or any interest in the property may c... (Not Rated)

Generally, minors do not have the capacity to enter into contracts and any "contracts" they enter into are voidable and not enforceable. "Specific Performa... (Not Rated)

First, read the article in the New York Times Sunday Real Estate section from April 30. If you have a valid lease at the time the offerring plan (black book) comes out, y... (Not Rated)

Currently, the federal government has passed the Defense of Marriage Act which essentially provides that for federal government purposes marriage consists of the union of... (Not Rated)

The representative(s) named in your will not only function as the administrators of your estate, they also recieve compensation for their services and might also be oblig... (Not Rated)

In most jurisdictions, availing yourself of "self help" to evict occupants of real property is against the law and can subject you to possible civil and well as... (Not Rated)

You local court will probably have someone to offer you some assistance as you proceed pro-se. You will need to locate where your ex is living at the time you serve him p... (Not Rated)

I believe you are referring to a "quit claim" deed. The outstanding morgage will still appear against the propery and you will not be able to refinance the property until... (Not Rated)

In most jurisdictions, when someone passes away without a will a court proceeding to have an administrator appointed might be necessary to dispose of the persons assets. ... (Not Rated)

Each state has its own statute of limitation. Generally this type of debt will have a limitation of six years, but in your state it could be shorter or longer. It can als... (Not Rated)

Generally, medicare/madicaid will look back for three years to determine if there are assets. You should consult a local attorney regarding the steps you might be able to... (Not Rated)

There are a number of issues involved in bequething marital property. In most states a spouse cannot be disinherited and will have a "right of election" to some percentag... (Not Rated)

Each state has it's own statue of limitations. If you continue to use the credit card it's might be possible to argue that the SOL has not begun to run. If you have stopp... (4 Rating)

When financing there are at least two documents...the mortgage and the note. The more important document is the note, since it is the signer of the note who is responsibl... (3 Rating)

Are you asking for the moral answer or the legal answer? Morally, well, what do you think? Legally, depending on the statute of limitatios in your state for contracts, yo... (3 Rating)

For all intents and purposes, home ownership should be everyone's goal. As hard as it might be to achieve, it's more important than wearing the latest fashion or driving ... (4 Rating)

You needed to follow the terms of the written lease. Oral modifications are not valid. Since you didn't provide a proper 30 day written notice the landlord can keep your ... (4 Rating)

You have no claim to the proceeds of any sale, you do however have a claim for the value of the house's appreciation over the four years of your marriage. This appreciati... (4 Rating)

In most jurisdictions there is a cause of action for "partition" where one owner of a property can seek a court order compelling the sale of the property. Before facing l... (4 Rating)

Make sure you bring all the papers from the previous court appearances with you to any new court appearances. You might also find some degree of assitance in the court cl... (3 Rating)

Most jurisdictions have a "County Clerk's" office..i.e. the "Jasper County Clerk" should be located in your local telephone directory. There you should be able to find lo... (Not Rated)

What is now "half" yours is not the property she came into the marriage with, but the appreciation in value of any of the property she brought into the marriage. If you d... (Not Rated)

Most jurisdictions have some form of "spousal right of election". This means, that notwithstanding what is set forth in a will, a surviving spouse cannot be "disinherite... (4 Rating)

Generally, the survivor now has an undivided 100% ownership interest in the property. The obligation to pay off existing indebtedness secured by the property is separate... (4 Rating)

In many jurisdictions, employees are "at will". This means that their employment can be ended at any time, for any reason. Many companies have "manuals" which appear to... (4 Rating)

Most jurisdictions have a procedure for probating a will. This generally includes sending a notification to all the individuals named in the will as well as to all indiv... (4 Rating)

First, in most jurisdictions "self-help" is not a remedy available to any party to "lock-out" an occupant of a residential dwelling place. In most instances, a minimum o... (4 Rating)

In most jurisdictions, a gift "given in contemplation of marriage", i.e. and engagement ring, must be returned if the marriage does not take place. This is so even if th... (4 Rating)

Your wages will be garnished only after the creditor has secured a judgment against you. Even though the debt is 7 years old and the statute for limitations is usually 6... (4 Rating)

PART 3: With respect to school and real property taxes, some companies set up an escrow account which requires you to make monthly payments towards these obligations. Thi... (4 Rating)

PART 2: You might be able to request permission from the mortgage company to have a lawyer prepare a new deed adding your husband's name, though it is not likely that the... (4 Rating)

The deed and the mortgage are two separate documents. If at the time you applied for this new financing you were the only party on the deed, then it appears that the mort... (4 Rating)

In most jurisdictions there is no legal ramification for individuals over the age of 18 who engage in sexual relations. There are however probably "administrative" ramif... (3 Rating)

First, it is possible that the documents you signed when you opened the account provide for the jurisdiction and laws that would apply in the event of a dispute. You mig... (4 Rating)

You question is a bit confusing. If you signed a "contract" when you paid the school then your refund rights are as stated therein. If the "contract" promised a full re... (4 Rating)

If you divorce is final and you did not include any type of stipulation regarding this issue in the divorce then there is probably no way to compell your ex-wife to chang... (4 Rating)

Depending on your jurisdiction, changing you child's name might not be difficult. However, a name change will not change her biological father's status and will not conf... (4 Rating)

You generally need to file for divorce in the state in which you are domiciled...the main state in which you maintain your marital residence. Once you file for the divor... (4 Rating)

The laws of the state in which the arrest occurred will govern. Hopefully you are seeking the advice of competent legal counsel. Many factors go into sentencing, even mo... (4 Rating)

The law's in your state will govern the issues you raise. However, the issue of support does not really belong to you, it belongs to your child. Not pursuing your child... (4 Rating)

68 Questions Answered

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Did KIA help you? Give a tip as a thank you.
Location	USA
Profile	Know It All
Website/Blog
KnowBrainers Blog	KIA's KnowBrainers Blog
Questions Asked	1
Questions Answered	68
Rating	1.7 (on 115 ratings)
Registered on	Thu, 27 Oct 2005
Last Visited	Tue, 22 Jan 2008
Who Answered	Anonymous (1)
Who Has Been Helped	Anonymous (37) , pbrettle (3) , rella1334 (2) , USLaw (2) , khanakkha (1) , combsfamily (1) , daniel_torres_07 (1) , kaxkax8 (1) , simonyoung (1) , k (1) , holland601 (1) , idaliasoy (1) , jimthomp (1) , tat2frk4 (1) , jimarsul (1) , Dan (1) , shebac4 (1) , kicked around (1) , maryjohnson (1) , remote-viewer (1) , WonderingInFlorida (1) , Judy98611 (1) , olympia (1) , larsatty1 (1) , mdent (1) , fordtrucklover2001 (1) , boeinguy (1) , Peaches0406 (1) , brittany1988 (1) , treeguy (1)
RSS Feeds

If the will is being filed with your local surrogate's court you will likely be a "necessary" party and would have to receive "notice" of the pro... (Not Rated)

There seems to be confusion about what the parking rules are and what the consequences are if the rules are violated. Was there a sign that advisd you that your car might... (Not Rated)

Yes. What would your defense be to having willingly destroyed the propery of another? The circumstances surrounding your access to this property would not provide you a d... (Not Rated)

This is not an unusual situation. Many of these types of "warranty" products are not worthwhile. They are written in such a way as to not cover many items. You were not f... (Not Rated)

No matter how this issue would play out legally, the fact is that the landlord has taken the apartment off the market, entered into negotiations with you, had a lease doc... (Not Rated)

Debt collection is governed by the Fair Debt Collection Practices Act ("Act"). You can research more information regarding the act by going to www.ftc.gov/bcp/conline/pub... (Not Rated)

First, make sure your mother's intention to "disinherit" you sister has been accomplished in a way that will isolate the will from a contest once it is filed for probate.... (Not Rated)

Each jurisdiction will have its own rules relating to refunds and exchanges. You should be able to find yours by researching your local Department of Consumer Affairs. Fo... (Not Rated)

If you have a written agreement with a specified term you cannot terminate the lease just because they asked you to apply their security deposit to a month's rent. If the... (Not Rated)

When you "bought" this house did you receive a "deed" transferring the property into your name? The nature of this transaction is governed by the &quo... (Not Rated)

There are a number of issues at play here. The right to occupy a property can be separate from an ownership right. It sounds like in this case you father has been occupyi... (Not Rated)

From the name of the business you can determine if its a sole proprietorship, corporation, partnership, etc... If its status is easily identifiable, i.e. you can determin... (Not Rated)

First, what provisions were made regarding the condo in your divorce decree? If the decree is silent as to the disposition of this asset your ex-wife might have a valid c... (3 Rating)

Everyone named on the deed must be a signatory to any transfer. If one party wants to sell the property and cannot get the consent of the other parties to the deed an act... (Not Rated)

When one passes away without a will they die "intestate" and relavant state statues will control the distribution of assets that have not previously had a benef... (Not Rated)

Most leases contain a provision providing for a "warranty of habitablity". Any condition that violates this warranty puts the landlord in default of its obligat... (Not Rated)

In most cases, the aswer to your question would probably be no. The lease itself probably contains a clause that the apartment is being rented "as is." However,... (Not Rated)

If she dies without a will here estate will be governed by your jursidictions "intestate" laws. Usually these laws provide for the property of a decedant to pas... (Not Rated)

You should contact a lawyer in your area who practices landlord tenant law. Usually the first notice that would be sent to this "tenant" would be a notice terminating his... (Not Rated)

Your lease will contain a clause that it is "binding on all successors and assigns"...this means whomever purchses the property will be bound by the terms of yo... (Not Rated)

Alot depends on your status as a renter...whether you are "rent stablized" or considered a "free market tenant". If you are "rent stablized"... (Not Rated)

Every lease contains a "warranty of habitablity" clause which requires the Landlord to maintain the premises in a safe condition and to maintain the services pr... (5 Rating)

No one is likely to take title to property with any type of lien on it, much less outstanding financing. Not to mention, this would be a violation of the terms of the out... (Not Rated)

Generally, estate planning documents will include a Last Will and Testament, a Health Care Proxy and a Durable Power of Attorney. One can generally "gift" free ... (Not Rated)

You and your bother will split your mother's half (50%) interest in the home...resulting in you having a 25% interest in the home and your brother having a 75% inter... (Not Rated)

If you were left a half interest in the real property, you should see that a new deed is recorded indicating your half interest. This will not necessarily solve your &quo... (Not Rated)

Most jurisdictions will have a proceeding called "partition". In a partition action the owner or claimant of real property or any interest in the property may c... (Not Rated)

Generally, minors do not have the capacity to enter into contracts and any "contracts" they enter into are voidable and not enforceable. "Specific Performa... (Not Rated)

First, read the article in the New York Times Sunday Real Estate section from April 30. If you have a valid lease at the time the offerring plan (black book) comes out, y... (Not Rated)

Currently, the federal government has passed the Defense of Marriage Act which essentially provides that for federal government purposes marriage consists of the union of... (Not Rated)

The representative(s) named in your will not only function as the administrators of your estate, they also recieve compensation for their services and might also be oblig... (Not Rated)

In most jurisdictions, availing yourself of "self help" to evict occupants of real property is against the law and can subject you to possible civil and well as... (Not Rated)

You local court will probably have someone to offer you some assistance as you proceed pro-se. You will need to locate where your ex is living at the time you serve him p... (Not Rated)

I believe you are referring to a "quit claim" deed. The outstanding morgage will still appear against the propery and you will not be able to refinance the property until... (Not Rated)

In most jurisdictions, when someone passes away without a will a court proceeding to have an administrator appointed might be necessary to dispose of the persons assets. ... (Not Rated)

Each state has its own statute of limitation. Generally this type of debt will have a limitation of six years, but in your state it could be shorter or longer. It can als... (Not Rated)

Generally, medicare/madicaid will look back for three years to determine if there are assets. You should consult a local attorney regarding the steps you might be able to... (Not Rated)

There are a number of issues involved in bequething marital property. In most states a spouse cannot be disinherited and will have a "right of election" to some percentag... (Not Rated)

Each state has it's own statue of limitations. If you continue to use the credit card it's might be possible to argue that the SOL has not begun to run. If you have stopp... (4 Rating)

When financing there are at least two documents...the mortgage and the note. The more important document is the note, since it is the signer of the note who is responsibl... (3 Rating)

Are you asking for the moral answer or the legal answer? Morally, well, what do you think? Legally, depending on the statute of limitatios in your state for contracts, yo... (3 Rating)

For all intents and purposes, home ownership should be everyone's goal. As hard as it might be to achieve, it's more important than wearing the latest fashion or driving ... (4 Rating)

You needed to follow the terms of the written lease. Oral modifications are not valid. Since you didn't provide a proper 30 day written notice the landlord can keep your ... (4 Rating)

You have no claim to the proceeds of any sale, you do however have a claim for the value of the house's appreciation over the four years of your marriage. This appreciati... (4 Rating)

In most jurisdictions there is a cause of action for "partition" where one owner of a property can seek a court order compelling the sale of the property. Before facing l... (4 Rating)

Make sure you bring all the papers from the previous court appearances with you to any new court appearances. You might also find some degree of assitance in the court cl... (3 Rating)

Most jurisdictions have a "County Clerk's" office..i.e. the "Jasper County Clerk" should be located in your local telephone directory. There you should be able to find lo... (Not Rated)

What is now "half" yours is not the property she came into the marriage with, but the appreciation in value of any of the property she brought into the marriage. If you d... (Not Rated)

Most jurisdictions have some form of "spousal right of election". This means, that notwithstanding what is set forth in a will, a surviving spouse cannot be "disinherite... (4 Rating)

Generally, the survivor now has an undivided 100% ownership interest in the property. The obligation to pay off existing indebtedness secured by the property is separate... (4 Rating)

In many jurisdictions, employees are "at will". This means that their employment can be ended at any time, for any reason. Many companies have "manuals" which appear to... (4 Rating)

Most jurisdictions have a procedure for probating a will. This generally includes sending a notification to all the individuals named in the will as well as to all indiv... (4 Rating)

First, in most jurisdictions "self-help" is not a remedy available to any party to "lock-out" an occupant of a residential dwelling place. In most instances, a minimum o... (4 Rating)

In most jurisdictions, a gift "given in contemplation of marriage", i.e. and engagement ring, must be returned if the marriage does not take place. This is so even if th... (4 Rating)

Your wages will be garnished only after the creditor has secured a judgment against you. Even though the debt is 7 years old and the statute for limitations is usually 6... (4 Rating)

PART 3: With respect to school and real property taxes, some companies set up an escrow account which requires you to make monthly payments towards these obligations. Thi... (4 Rating)

PART 2: You might be able to request permission from the mortgage company to have a lawyer prepare a new deed adding your husband's name, though it is not likely that the... (4 Rating)

The deed and the mortgage are two separate documents. If at the time you applied for this new financing you were the only party on the deed, then it appears that the mort... (4 Rating)

The deed and the mortgage are two separate documents. If at the time you applied for this new financing you were the only party on the deed, then it appears that the mort... (4 Rating)

In most jurisdictions there is no legal ramification for individuals over the age of 18 who engage in sexual relations. There are however probably "administrative" ramif... (3 Rating)

First, it is possible that the documents you signed when you opened the account provide for the jurisdiction and laws that would apply in the event of a dispute. You mig... (4 Rating)

You question is a bit confusing. If you signed a "contract" when you paid the school then your refund rights are as stated therein. If the "contract" promised a full re... (4 Rating)

If you divorce is final and you did not include any type of stipulation regarding this issue in the divorce then there is probably no way to compell your ex-wife to chang... (4 Rating)

Depending on your jurisdiction, changing you child's name might not be difficult. However, a name change will not change her biological father's status and will not conf... (4 Rating)

You generally need to file for divorce in the state in which you are domiciled...the main state in which you maintain your marital residence. Once you file for the divor... (4 Rating)

The laws of the state in which the arrest occurred will govern. Hopefully you are seeking the advice of competent legal counsel. Many factors go into sentencing, even mo... (4 Rating)

More informatin is needed to answer your question. For example, while your name may be on the deed and on the mortgage, perhaps the note is only in your husband's name. ... (3 Rating)

The law's in your state will govern the issues you raise. However, the issue of support does not really belong to you, it belongs to your child. Not pursuing your child... (4 Rating)